A case filed before the High Court in Nairobi has accused union officials, advocates and public officers of participating in an alleged scheme that fraudulently extracted more than Ksh3.026 billion from the Bungoma County Government through fictitious employees and questionable court proceedings.
The petition was lodged by Benard Barasa Wakwabubi, Kennedy Wafula Wekunda, George Ng’ang’a Mochumbe Ng’ang’a and Prof. Fredrick Onyango Ogola. They claim the alleged scheme relied on fabricated employment records, conflicts of interest, abuse of legal processes and coordinated litigation to facilitate the payment of public funds.
Representing the petitioners, Benard Odero Okello of Firm, Odero & Partners Advocates urged the court to scrutinise the issues raised in the petition, arguing that some of the respondents were facing allegations that created a conflict of interest. Counsel also sought the recusal of those respondents from matters connected to the dispute.
The proceedings name KCGWU General Secretary Roba S. Duba, the County Government of Bungoma, the Bungoma Governor, the Bungoma County Public Service Board, the County Government of Nairobi, the Controller of Budget, the Auditor-General, the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency (ARA) and several advocates as respondents.
According to the petitioners, the dispute revolves around 463 individuals whom they allege were irregularly presented as county employees despite lacking payroll records, statutory deductions, Kenya Revenue Authority documentation and other employment records. They further claim that some of the purported employees were minors during the period they were allegedly on the county payroll.
The petition alleges that the payments were processed through a coordinated arrangement involving union officials, lawyers and former county officials, with the claims allegedly disguised as employment-related litigation instead of being processed through legitimate county employment systems.
It further alleges that some of the advocates and law firms involved had interconnected relationships, creating conflicts of interest while benefiting from legal fees and the disputed claims. The petitioners contend that the alleged conduct violated constitutional principles governing integrity, accountability and the prudent management of public resources.
Alongside the petition, the applicants have filed an urgent application seeking interim orders, including the suspension of several law firms named in the proceedings and the inclusion of institutions such as the Law Society of Kenya, the Directorate of Criminal Investigations, the Judicial Service Commission and other public bodies in the case.
They are also asking the court to order a forensic audit of Bungoma County’s payroll, direct investigations into those allegedly involved, suspend union officials implicated in the petition and grant other relief aimed at safeguarding public funds.
